Jaws, Meet Oreo the Cockapoo

The Law Blog always thought Jaws was the scariest creature terrorizing those beautiful Hamptons beaches on the east end of Long Island. But it looks like the killer shark has some competition. Her name: Oreo the cockapoo.

A New York state court judge has ruled that a woman may seek punitive damages for a bite she received from Oreo, the dog of Hamptons’ royalty Jerry Della Femina and Judy Licht. (Della Femina’s a well-known NYC ad man; Licht’s a local TV personality.) Here’s the story from the New York Law Journal.

According to Justice Joan Madden, there’s ample evidence that Della Femina and Licht knew about Oreo’s weakness for human flesh. Wrote Justice Madden: “Defendants’ knowledge of Oreo’s propensity to bite is . . . relevant to plaintiff’s claim for punitive damages, i.e. whether defendants consciously and recklessly disregarded the danger posed by Oreo.” According to the decision, only one New York court has awarded punitive damages for a dog bite Nardi v. Gonzales, a 1995 case out of Yonkers City Court.

Here’s the story: In the summer of 2003, Dolores Marsh was standing by the pool on the grounds of the defendants’ East Hampton manse when Oreo the cockapoo sunk her teeth into Marsh’s left ankle. (For all you cat people out there, cockapoos are those uber-trendy cocker spaniel-poodle hybrid pooches.) According to doctors’ reports, the bite resulted in a laceration that pierced the underlying muscle, causing a bone infection, nerve damage and permanent scarring. She twice underwent surgery, spent five days in the hospital and many more in physical therapy.

Marsh initially alleged neglect and strict liability but then amended the complaint to ask for punitive damages. She is seeking $3 million in compensatory damages; under New York law, a jury could award her as much as $30 million in punis.

Apparently Oreo is one snappish little cookie. The defendant presented three witnesses who alleged being bitten by Oreo. One woman, who said Oreo lunged at her and tore her pants while she strolled along the beach (she also said Licht gave her $100 for new pants). Two UPS guys also testified that Oreo went after them.

According to the NYLJ, Theodore Goldbergh represents Marsh, with James Fishman of Fishman & Neil serving as co-counsel. Matthew Cuomo of Finder & Cuomo represents the Della Femina-Lichts.

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The Law Blog covers the legal arena’s hot cases, emerging trends and big personalities. It’s brought to you by lead writer Jacob Gershman with contributions from across The Wall Street Journal’s staff. Jacob comes here after more than half a decade covering the bare-knuckle politics of New York State. His inside-the-room reporting left him steeped in legal and regulatory issues that continue to grab headlines.

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